Jones v Sky City Auckland Limited HC Auckland CP 229-Sw/0l

The plaintiff, Martyn Jones, sought an order that Sky City Auckland Limited be held in contempt for breach of an undertaking to the Court dated 17 May 2001 and be fined in respect of such contempt. The legal issues before the court included whether Sky City was in breach of the undertaking, whether the breaches were deliberate and wilful, and what penalty should be ordered against Sky City if it was found to be in breach. The court found that Sky City breached the undertaking in respect of the installation of CSM's at the high denomination tables on or about 18 June 2001, but that the breach was not deliberate and wilful. The plaintiff's application that the defendant be held in contempt of Court was dismissed. The court awarded costs to the plaintiff on a solicitor and client basis in respect of this application.